Cementation Piling and Foundations Ltd v Aegon Insurance Company Ltd and another
Cementation Piling and Foundations Ltd v Aegon Insurance Company Ltd and another
- 1994
- Construction Law Journal (1994) 10 CLJ 301-311(11) .
HC 12 November 1992. In 1983 C was engaged as subcontractor to Sir Alfred McAlpine and Son Ltd to carry out certain piling works and to construct diaphragm walls at the submarine base at Barrow-in-Furness. The diaphragm walls were constructed by excavating cavities in the sand. By 1985 it was discovered there were gaps in the walls allowing sand to escape requiring rectification. The cause was design, materials or workmanship. A dispute arose as to whether costs of repair fell under the policy issued by the second defendant, Commercial Union, or that of the first, A. Held that CU were liable to pay the costs.
CEMENTATION PILING & FOUNDATIONS LTD V AEGON INSURANCE
CONTRACTORS ALL RISKS INSURANCE
DEFECTS
DIAPHRAGM WALLS
FINAL CERTIFICATES
PILING
RECTIFICATION
SIR ALFRED MCALPINE AND SONS LTD
SUBMARINE BASES
HC 12 November 1992. In 1983 C was engaged as subcontractor to Sir Alfred McAlpine and Son Ltd to carry out certain piling works and to construct diaphragm walls at the submarine base at Barrow-in-Furness. The diaphragm walls were constructed by excavating cavities in the sand. By 1985 it was discovered there were gaps in the walls allowing sand to escape requiring rectification. The cause was design, materials or workmanship. A dispute arose as to whether costs of repair fell under the policy issued by the second defendant, Commercial Union, or that of the first, A. Held that CU were liable to pay the costs.
CEMENTATION PILING & FOUNDATIONS LTD V AEGON INSURANCE
CONTRACTORS ALL RISKS INSURANCE
DEFECTS
DIAPHRAGM WALLS
FINAL CERTIFICATES
PILING
RECTIFICATION
SIR ALFRED MCALPINE AND SONS LTD
SUBMARINE BASES